The Delhi High Court on Monday clarified that the Centre’s Agneepath scheme for recruitment in the armed forces was formulated in the national interest with the laudable objective of maintaining national security.
The court dismissed a batch of petitions challenging the validity of the scheme and termed it as a “well thought out” policy decision of the Centre.
Apart from the pleas challenging the Agneepath scheme, the court also dismissed petitions related to the recruitment process in the armed forces under certain previous advertisements and clarified that such candidates do not have the right to be recruited.
Rejecting the submissions related to the previous advertisements, the bench said that the Agneepath scheme is in “public interest” and the aspirants cannot claim any right to recruit on the basis of their participation in the processes initiated under the notification issued before the fresh start. Can do Policy.
A bench of Chief Justice Satish Chandra Sharma and Justice Subramaniam Prasad said it does not find the scheme “arbitrary, arbitrary or irrational” and policy decisions with regard to national security are taken after socio-political consideration of the country. scenario, along with the socio-political scenario of the neighboring countries.
It states that policy decisions with broad implications for the health and security of the country should be decided by the bodies best suited to do so, and it appears that the government has long been considering the possibility of creating an armed force consisting of More young, agile and physically able person.
Hearing 23 petitions, the bench said the government’s objective is neither discriminatory nor malafide or arbitrary, and the court found no reason to interfere in the same.
In the Agneepath scheme, presented on June 14 last year, rules have been set for the recruitment of youth in the armed forces.
As per the rules, those in the age group of 17½ to 21 years are eligible to apply and will be inducted for a tenure of four years. The scheme allows 25 per cent of them to provide regular service later. After the unveiling of the scheme, protests broke out against it in several states.
Subsequently, the government increased the upper age limit to 23 years for recruitment under the scheme in 2022.
The bench said, “We have read the Agneepath scheme comprehensively and can conclusively say that the scheme was made in the national interest to ensure that the armed forces are better equipped.”
With regard to petitions on previous advertisements for recruitment, the bench said that the court cannot bind the government to its earlier policy decision and the recruitment process can be changed midway if public interest is involved.
The objective of the scheme is to reduce the average age of the forces which will make them “lean, agile and will be very beneficial for border security” and such objectives cannot be said to be arbitrary, capricious or malicious.
“It is also stated that the implemented plan, by reducing the average age of soldiers, will bring our armed forces at par with other countries, as the average age of armed forces across the world is 26 years. The stated aim of the controversial scheme is to induct young jawans, sailors or airmen between the ages of 18-25 as Agniveers, who are supervised by an experienced regular cadre aged 26. To achieve this goal, the state is continuously reducing the age limit of officers.
It states that when a plan or policy decision is related to national security, the scope for judicial intervention becomes further limited, adding that the present issue – recruitment of soldiers in the armed forces – is certainly “national security”. eligible to come within its purview.
“It is abundantly clear that this Court ordinarily does not interfere in policy decisions relating to national security, as this Court is not in the best position to take such decisions,” the bench said.
It said that instead of focusing on the alleged “political objectives” behind the scheme, it was necessary to focus on the benefits it would deliver.
It was noted that those “Agniveers” who would not be recruited into the regular army would be given skill certificates which would enable them to get employment in the private sector.
“Considering the fact that the laudable objective of maintaining national security is at the heart of the impugned scheme, this court does not find it arbitrary, capricious or irrational,” the bench said.
“The material on record also shows that the impugned scheme would not only provide an opportunity to the youth to serve the country but would also result in the most competent persons in the Armed Forces, who would be rewarded with a good financial package and bright future .,” it said.
Several petitioners, who sought recruitment under the Common Entrance Examination (CEE) and the 2019 notification for the Indian Army and Air Force, had approached the High Court with a complaint that the recruitment process for several posts has “finally” come to a halt. Was given and later, was canceled due to the introduction of the Agneepath scheme, which effectively canceled his recruitment.
The court rejected the petitioners’ contention that they lost opportunities and suffered due to the sudden change in policy and said that in this case the government cannot be bound by the recruitment process initiated by it.
“One was that there was no vested right to claim appointment even after the selected list was declared and second, because of the weight of wider public interest in favor of the Agneepath scheme. The petitioners have no vested right to demand such recruitment and secondly, the promissory estoppel and legitimate expectation severely restrict themselves from the larger concerns of public interest.”
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(This story has not been edited by News18 staff and is published from a syndicated news agency feed)